PERMFILE64468

• Permit No: M2005066
• IBM Index Class Name: Permit File
• Doc Date: 5/2/2006
• Doc Name: Response to Adequacy Review - 2nd
• From: Banks and Gesso LLC
• To: DMG
• Media Type: D
• Archive: No

Ms. Erica Crosby
Division of Minerals and Geology
Rule 6.4.7 Exhibit G-Water Information
May 1, 2006
Page 2 of 5
2. Attached, please find additional questions on the hydrology review of the site.
Responses to the hydrology questions are found later in this letter.
Rule 6.4.8 Exhibit H-Wildlife Information
3. The applicant suggests that mining in the southwestern portion of the site commence
once the burrowing owls have left for winter. The applicant commits to not
commencing stripping on Phase 1 until the burrowing owl has left for the winter,
which typically will happen in October. Please specify a date in October in which the
applicant will not begin the stripping of material in Phase 1.
Asphalt Paving Company will not commence stripping in Phase 1 until October 15'"
or later during the first year of disturbance in that area.
Rule 6.4.10 Exhibit J-Vegetation Information
4. Rule 6.4.10 requires the applicant to depict the relation of the types of vegetation to
the existing topography on a map in Exhibit C. The applicant provided information
that wetlands exist on site (areas A, 8, and C). The Division understands that these
areas were determined to be non jurisdictional. However, there is reference to these
wetland areas in the permit application and their location should be included on the
exhibit for reference purposes only.
Exhibit C-2 has been revised to show the approximate former location of these non-
jurisdictional wetlands, and is included as an attachment to this letter.
Rule 6.4.3 Exhibit C-Pre-Mining and Mining Plan Maps
5. The Division noted that a number of structures are noted on the map, but do not
contain a description or owner, including a structure is located at the end of
Christopher Road, MW 23 located east of WCR 23.5 and Top Collection Facilities
south of WCR 6. Please provide proof of notice to all owners of these structures. In
regard to the "illegal lot" at the end of Christopher Road, it remains the applicants'
responsibility to notify such owners of structures of the application regardless of their
legal standing.
The structure at the west end of Christian Street is a house. Our previously
submitted drawings (Exhibits C-1 and C-3) show this house as being located in an
area marked as "Easement/ROW", and not within a private parcel. The Weld
County road right-of way location information for this area was obtained
electronically from the Weld County GIS Department early in the planning process
for this project. We have recently reconfirmed with the Weld County Assessor's
Office that the house at the west end of Christopher Road is located within Weld
County road right-of-way, and is not associated with a private tax parcel (see
attached aerial photo with parcel boundaries from the Weld County Assessor's office